Northern District

Protease Sciences Inc. v. Arriva Pharms. Inc. (In re Arriva Pharms. Inc.)

Plaintiff appellants, alleged creditors of the debtor, challenged an order of the United States Bankruptcy Court for the Northern District of California, that denied relief in four separate appeals: the disallowance of a claim based on a vacated jury verdict; the dismissal of an adversary complaint for lack of standing; the disallowance of two proofs of claim allegedly filed in violation of an injunction issued in an Arizona state court action.
Ruling: 
Claims based on vacated jury verdict and claims filed in violation of state court injunction were properly disallowed.
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Commercial case opionion summary, case decided on August 01,2008, LexisNexis #0908-046

In re Gould

The United States of America, for itself and on behalf of the Internal Revenue Service ("IRS), filed a motion to modify the automatic stay of 11 U.S.C.S. § 362 to permit it to offset, pursuant to 11 U.S.C.S. § 553, pre-petition income tax liabilities owed by the debtor against pre- petition income tax refunds.
Ruling: 
IRS denied modification of stay and not permitted to offset debtor's unpaid tax liabilities against refunds.
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Consumer case opionion summary, case decided on June 13,2008, LexisNexis #0908-135

In re Roby

A debtor in a chapter 11 bankruptcy case filed an amended objection to a creditor's claim to the proceeds of the sale of the debtor's property.
Ruling: 
Late proof of claim allowed over debtor's objection in absence of prejudice.
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Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-043

In re Comstock

The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
Ruling: 
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
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Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0608-084

In re Sandifer

The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
Ruling: 
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0608-018

Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)

Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
Ruling: 
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
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Commercial case opionion summary, case decided on April 11,2008, LexisNexis #0608-058

In re Zamani

The debtor proposed a plan of reorganization that would cure or pay off three promissory notes held by the secured creditor bank. Because the debt to the creditor was over- secured, it is entitled to recover interest on its claims under 11 U.S.C.S. § 1124(2). The parties disagreed, however, whether the bank was entitled to recover interest at default rate under its agreements with the debtor, or must be satisfied with interest at the basic rate.
Ruling: 
Creditor not entitled to default rate of interest where not specified in original contract.
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Consumer case opionion summary, case decided on April 07,2008, LexisNexis #0808-022

In re Johnson

After the court found, in a related adversary proceeding, that debtor, a husband who was later divorced from his wife, with whom he had filed a bankruptcy, had obtained confirmation of a chapter 13 plan through a fraud on the court and vacated the confirmation order, it issued an order to show cause why the husband's case should not be dismissed with prejudice on account thereof.
Ruling: 
Case dismissed for fraud due to debtor's failure to schedule large claim.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-074

In re McKinney

A debtor objected to the chapter 7 trustee's application for the maximum compensation permitted under 11 U.S.C.S. § 326(a) on the ground that the fees were disproportionate to the work required.
Ruling: 
Trustee not allowed maximum compensation where substantially disporportionate to value of serviced performed.
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Consumer case opionion summary, case decided on March 03,2008, LexisNexis #0408-036

In re Rodrigues

Movant, the U.S. Trustee, sought dismissal of a chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) as presumptively abusive under § 707(b)(2) and as an abuse under the totality of circumstances per § 707(b)(3). At issue was whether, under the test for presumptive abuse, debtors' mortgage obligations on the date of filing were to be included in the "means test calculation" even though debtors intended to surrender the home to the lienholders.
Ruling: 
Inclusion of mortgage payments on property intended for surrender in means test calculation is not grounds for abuse dismissal.
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Consumer case opionion summary, case decided on February 11,2008, LexisNexis #0308-083

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